TULSA, Okla - The adoptive parents of a little girl caught in the middle of a custody battle, have filed a petition with the U.S. Supreme Court in hopes of regaining custody of their 3-year-old child.
In a 142-page petition to the U.S. Supreme Court, attorneys for Matt and Melanie Capobianco contend courts in a dozen states are split on the interpretation of the Indian Child Welfare Act, a Federal law that governs jurisdiction over the removal of Native American children from their families.
Last year the couple was ordered by a South Carolina court to hand over Veronica to her biological father, whom the child had never met, based on the court’s interpretation of the Indian Child Welfare Act.
The child’s biological father is a member of the Cherokee Nation.
A Family Court judge awarded custody of the child to the biological father last year and she was taken to Oklahoma.